Full question:
I am a divorcee residing in California. I have an incapacitated son, who is 22 years old. My ex-husband has stopped providing child support after my son has attained 19 years. Is there any provision to claim parents support to an incapacitated child? If yes, does the duty to support ends upon attaining majority by the incapacitated child?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: California
Answer:
Yes. In California, pursuant to Fam. Code, § 3910 both parents have an equal responsibility to maintain an incapacitated child even if he or she is an adult. Therefore, you may claim support from your ex-husband for maintaining your 22 year old incapacitated son. Additionally, the parents’ duty to support an incapacitated child does not end upon attaining majority by the child. The relevant statute is Fam. Code, § 3910.Fam. Code, § 3910, states:
"(a) The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means.
(b) Nothing in this section limits the duty of support under Sections 3900 and 3901."
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
